Jury must decide if Bethlehem officer is liable for running over man with police cruiser

FILE PHOTO / THE MORNING CALL

A jury must decide whether Bethlehem police can be held liable for a suspect's injuries suffered when he was run over by police pursuing him the wrong way on a one-way street, a judge ruled.

A jury must decide whether Bethlehem police can be held liable for a suspect's injuries suffered when he was run over by police pursuing him the wrong way on a one-way street, a judge ruled. (FILE PHOTO / THE MORNING CALL)

A jury must decide whether a Bethlehem police officer should be held responsible for the injuries of a man he ran over with his cruiser while pursuing him the wrong way on a one-way street without using the car’s lights or siren, a federal judge ruled Thursday.

U.S. District Judge Mark A. Kearney refused Bethlehem police officer Joshua Hobson’s request to decide the case in his favor without a trial. Kearney found that a jury must decide a factual dispute about whether the suspect — a Bethlehem Township man who banged on the door of a closed bar hoping to continue his 21st birthday celebration — knew he was being pursued.

Kearney also found that Hobson is not entitled to the immunity from lawsuits granted to police officers for doing their jobs because he knowingly violated the traffic law and police policy that barred him from driving the wrong way without using emergency lights or his siren. The judge rejected Hobson’s argument that he was justified in driving in “silent deployment” mode because he was responding to a report of a suspected burglary.

“Allowing official immunity based on an officer's subjective belief that he can except his conduct from the established law allows the officer-created exception to swallow the established law,” Kearney said. “Officers could explain away all kinds of traffic chaos caused in a perceived pursuit.”

Anthony Ray Rivera suffered disabling injuries including head trauma, back injuries and fractured bones when Hobson’s car hit him Sept. 19, 2014, on Pierce Street in south Bethlehem. Police were summoned when Rivera banged on the door of The Happy Tap on Fourth Street after closing.

Officer Glen Woolard responded on foot from a nearby police substation and radioed Hobson for backup, suggesting that Hobson drive the wrong way on Pierce Street to reach the bar faster. Rivera ran north on Pierce Street where he was hit by the cruiser.

Rivera filed a lawsuit in 2016 alleging excessive force and other civil rights violations by the officers and the Bethlehem Police Department in addition to negligence under state law. Both sides agreed to discontinue the civil rights claims in March, leaving only the negligence claim.

Hobson argued that even if his actions were negligent he is entitled to governmental immunity because Rivera was fleeing. Rivera contends he didn’t knowingly flee from police and that he ran because he thought two men were coming to attack him. Woolard said he identified himself as a police officer and was wearing his uniform when he attempted to stop him.

“Officer Woolard and Mr. Rivera each have their versions of the incident and their credibility must be resolved by the jury,” Kearney said.

The jury must determine whether Woolard’s actions would make a reasonable person aware that he was being asked to stop or being pursued by police, Kearney said.

Kearney also found that Hobson is not entitled to official immunity under Pennsylvania law. That protects officers from lawsuits when they have a good faith belief that their actions are legal.

“Officer Hobson's driving one-way without the overhead lights and sirens is not permitted by law even when pursuing a suspect, and is, therefore, not ‘authorized by law’ sufficient to bring his conduct within the official immunity defenses,” Kearney said.

Rivera is represented by James L. Pfeiffer of Easton. Hobson is defended by David MacMain and Jessica H. Fried of West Chester.